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FL Overtime Hours Question - long shift??

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  • FL Overtime Hours Question - long shift??

    Hi Everyone

    I'm asking this question about my husband. We live in Florida. I just had a phone conversation with him asking him "when can you come home tonight?" He said "I don't know" so I asked him "what is the very LATEST they will require you to be there?" He said that he has no idea what so ever. He got there at 9:00 am and he said he may even have to be there untill 6:00pm TOMORROW. I asked if they were allowed to do that and he said yes, they are. He is salaried and exempt but can they really allow him to work this long? I asked him sarcastically, if he could just be required to work there with no sleep until he just died and he said YES they could do that! He's a programmer. He's getting back problems, his eyes are starting to be effected, his health is going down the tubes and I'm just wondering if this is legal- I'm worried for him!!

    He has stayed and worked 10:00 am - 5:00 or 6:00 am the next day for 7 days in a row before. What is the longest consecutive work period they can demand him to work?

    Please Help, I really miss him.
    Stephanie

  • #2
    There is no prohibition I could find in Florida wage and hour statutes limiting the number of hours an employee can be required to work. It's a tough break, especially for exempt employees for whom overtime pay or other additional compensation is not required by law, but that's the way it is in Florida.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      As a matter of fact, it's that way in most states. There are only two states to my knowledge (California and Maine) that put any kind of limit on the number of overtime hours that can be demanded of an employee, and I'd have to double check whether or not these laws even apply to exempt employees.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Thanks for such a quick reply! I guess we'll just have to tough it out. Maybe eventually he can find something with some better hours after he's accumulated more experience here.

        Thanks again.

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        • #5
          Heh. I used to do this when I was running a scientific study. I'd get excited about some stuff and end up in the lab until 5 AM until I figured out that what I was seeing wasn't as interesting as it first seemed. That being said, I didn't have a wife at that time. I'd hate to see a law that'd say a person can't do that...

          Let's look at the facts though - they aren't really making your husband do this - they are asking him to, MAYBE threatening his job (I highly doubt it), and he is complying.

          So it sounds like you need to just tell your husb. that something needs to change. He, in turn, needs to tell the employer that .

          Comment

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